"The evidence was insufficient and conflicting," Garber said. "We just didn't believe we could establish any intent."

Four council members interviewed by The Flint Journal in October said they didn't see what happened.

Davenport and Haywood said Poplar was laughing and saying, "Pests, pests, we've got to get rid of these pests" as she sprayed them at close range.

Poplar, the 2nd Ward councilwoman representing Flint's north side, denied that account and she claimed she was merely spraying for insects in the council chambers.

She said she had been seeing beetles in the chambers and was trying to control the insect problem.

The case started with the Genesee County prosecutor's office, but was transferred to the Michigan Attorney General's office to avoid any appearance of a conflict. The attorney general assigned the case to Livingston County.

Poplar said "justice prevailed."

"I didn't spray anyone," Poplar said. "I was spraying for bugs."

Poplar said the two have personal problems with her, and she believes they were perpetrating "political genocide."

Davenport is organizing a recall against Poplar, while Haywood is closely aligned with Mayor Don Williamson, a political rival of Poplar.

Davenport said he had a delayed allergic reaction to inhaling the bug spray, and weeks later he had to go to the hospital for treatment.

"I itch a lot at night," said Davenport, who contends the case was compromised by politics. "Sally and I are walking around with blisters on our backs and hands.

Haywood said she went to the hospital the night after the council meeting because she felt like she couldn't breathe.

Both said they are still on medication for rashes and breathing difficulties.

Davenport said he will ask the state police to re-do the investigation that was completed by Flint police. Haywood said she may file a lawsuit against Poplar.

"Right from the very beginning, I felt that three was not going to be any justice," Haywood said. "An assault is an assault is an assault."